Definition of an illegal bribe under the fcpa


Problem 1. What is the difference between lobbying and bribery?

Problem 2. Why is it that the general public considers bribery to be immoral? Please use ethical theories to explain your answer.

The Foreign Corrupt Practices Act (15 U.S.C. sec. 78) makes it illegal for US companies to pay bribes even if they are in foreign countries. Assuming that this is a case where the FCPA would apply, it helps to look at its definition of a bribe. The FCPA defines a payment that is "meant to influence an official to award or maintain business activity" as illegal. Payments that assist the payer to obtain ministerial actions are not prohibited.

Problem 3. What argument could the SLOC members make that the payments made do not fit the definition of an illegal bribe under the FCPA?

Problem 4. What is the appropriate punishment for violation of ethical and legal principles?

Problem 5. Should the remedies be limited to expulsion of the members who violated those principles or should the entire community be held responsible? Please use ethical principles or theories to answer this question.

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Business Law and Ethics: Definition of an illegal bribe under the fcpa
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